Kotze and Others v Meepo ya Sechaba Mining BK and Others (171/2002) [2002] ZANCHC 7 (15 March 2002)

Kotze and Others v Meepo ya Sechaba Mining BK and Others (171/2002) [2002] ZANCHC 7 (15 March 2002)

The court found that the temporary permit issued to the first respondent under section 10 of the Minerals Act was invalid ab initio because there was no pending application for a prospecting or mining authorization at the time of its issuance, and the required ministerial consent had not been obtained. The issuance...

Source-derived case information.

Citation
[2002] ZANCHC 7
Parties
Applicant: Jan Louis Koen Kotze; Applicant: Willem Adams; Applicant: Maria Christina Nortje N.O.; Respondent: Meepo ya Sechaba Mining BK; Respondent: Director-General of the Department of Minerals and Energy; Respondent: Director Mineral Development, Northern Cape; Respondent: Minister of Minerals and Energy
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
15 March 2002
Case Number
171/2002
Procedural Posture
Urgent Application / Final Relief Application Following Initial Interim Relief; Judgment Delivered After Full Affidavits Filed.
Outcome
Application granted; eviction order and interdict issued against the first respondent; permit declared null and void; costs awarded to applicants.
Judges
Majiedt R
Legal Topics
Mineral Rights, Prospecting Permits, Spoliation, Audi Alteram Partem, Permit Nullification
Land and Property Administrative Law Mineral Rights Prospecting Permits Spoliation Audi Alteram Partem Permit Nullification

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Summary, issues, holding and outcome

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Parties

Jan Louis Koen Kotze

Applicant

Willem Adams

Applicant

Maria Christina Nortje N.O.

Applicant

Meepo ya Sechaba Mining BK

Respondent

Director-General of the Department of Minerals and Energy

Respondent

Director Mineral Development, Northern Cape

Respondent

Minister of Minerals and Energy

Respondent

Procedural Posture

Urgent Application / Final Relief Application Following Initial Interim Relief; Judgment Delivered After Full Affidavits Filed.

Legal Issues

  1. 1 Whether the temporary permit issued to the first respondent under section 10 of the Minerals Act was valid.
  2. 2 Whether the first respondent was entitled to enter and prospect/mine on the property.
  3. 3 Whether the applicants were entitled to an eviction order and interdict against the first respondent.

Ratio Decidendi

The court found that the temporary permit issued to the first respondent under section 10 of the Minerals Act was invalid ab initio because there was no pending application for a prospecting or mining authorization at the time of its issuance, and the required ministerial consent had not been obtained. The issuance of the permit without affording the applicants a hearing constituted a breach of the audi alteram partem rule. As a result, the first respondent had no lawful right to enter or conduct prospecting or mining activities on the property. The applicants were entitled to an eviction order and an interdict prohibiting the removal of diamonds or diamond-bearing gravel from the...

Court Disposition

Application granted; eviction order and interdict issued against the first respondent; permit declared null and void; costs awarded to applicants.

Orders

  • The first respondent and any persons or entities acting on its behalf are ordered to vacate the property known as Lanyon Vale, No 376, Administrative District of Hay, Northern Cape Province, together with all equipment and machinery.
  • The first respondent, its officials, employees, or contractors are interdicted from removing any diamond-bearing gravel or diamonds from the property.